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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||||||||
5 | Sections 11-406, 11-411, and 11-412 as follows:
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6 | (625 ILCS 5/11-406) (from Ch. 95 1/2, par. 11-406)
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7 | Sec. 11-406. Duty to report accident.
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8 | (a) The driver of a vehicle that is in any manner involved | ||||||||||||||||||||||||||||||
9 | in an
accident within this State, resulting in injury to or | ||||||||||||||||||||||||||||||
10 | death of any
person, or in which damage to the property of any | ||||||||||||||||||||||||||||||
11 | one person, including
himself, in excess of $1,500
$500 is | ||||||||||||||||||||||||||||||
12 | sustained, shall, as soon as possible but
not later than 10 | ||||||||||||||||||||||||||||||
13 | days after the accident, forward a written report of
the | ||||||||||||||||||||||||||||||
14 | accident to the Administrator.
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15 | (b) Whenever a school bus is involved in an accident in | ||||||||||||||||||||||||||||||
16 | this State,
caused by a collision, a sudden stop or otherwise, | ||||||||||||||||||||||||||||||
17 | resulting in any
property damage, personal injury or death and | ||||||||||||||||||||||||||||||
18 | whenever an accident
occurs within 50 feet of a school bus in | ||||||||||||||||||||||||||||||
19 | this State resulting in
personal injury to or the death of any | ||||||||||||||||||||||||||||||
20 | person while awaiting or
preparing to board the bus or | ||||||||||||||||||||||||||||||
21 | immediately after exiting the bus, the
driver shall as soon as | ||||||||||||||||||||||||||||||
22 | possible but not later than 10 days after the
accident, forward | ||||||||||||||||||||||||||||||
23 | a written report to the Department of Transportation.
If a |
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1 | report is also required under Subsection (a) of this Section, | ||||||
2 | that
report and the report required by this Subsection shall be | ||||||
3 | submitted on
a single form.
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4 | (c) The Administrator may require any driver, occupant or | ||||||
5 | owner of a
vehicle involved in an accident of which report must | ||||||
6 | be made as provided
in this Section or Section 11-410 of this | ||||||
7 | Chapter to file supplemental
reports whenever the original | ||||||
8 | report is insufficient in the opinion of
the Secretary of State | ||||||
9 | or the Administrator, and may require witnesses
of the accident | ||||||
10 | to submit written reports to the Administrator. The
report may | ||||||
11 | include photographs, charts, sketches, and graphs.
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12 | (d) Should the Administrator learn through other reports of
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13 | accidents required by law of the occurrence of an accident | ||||||
14 | reportable
under this Article and the driver, owner, or witness | ||||||
15 | has not reported as
required under Subsections (a), (b) or (c) | ||||||
16 | of this Section or Section
11-410, within the time specified, | ||||||
17 | the person is not relieved of the
responsibility and the | ||||||
18 | Administrator shall notify the person by first
class mail | ||||||
19 | directed to his last known address of his legal obligation.
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20 | However, the notification is not a condition precedent to | ||||||
21 | impose the
penalty for failure to report as provided in | ||||||
22 | Subsection (e).
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23 | (e) The Secretary of State shall suspend the driver's | ||||||
24 | license or any
non-resident's driving privilege of any person | ||||||
25 | who fails or neglects to
make report of a traffic accident as | ||||||
26 | required or as required by
any other law of this State.
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1 | (Source: P.A. 87-829.)
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2 | (625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
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3 | Sec. 11-411. Accident report forms.
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4 | (a) The Administrator must prepare and upon request supply | ||||||
5 | to police
departments, sheriffs and other appropriate agencies | ||||||
6 | or individuals, forms
for written accident reports as required | ||||||
7 | hereunder, suitable with respect
to the persons required to | ||||||
8 | make such reports and the purposes to be served.
The written | ||||||
9 | reports must call for sufficiently detailed information to
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10 | disclose with reference to a vehicle accident the cause, | ||||||
11 | conditions then
existing, and the persons and vehicles | ||||||
12 | involved , the extent of any vehicle damage as provided in | ||||||
13 | subsection (a-5), and
or any other data
concerning such | ||||||
14 | accident that may be required for a complete analysis of
all | ||||||
15 | related circumstances and events leading to the accident or | ||||||
16 | subsequent
to the occurrence.
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17 | (a-5) The information provided under subsection (a) shall | ||||||
18 | include a description of the extent of damage to each vehicle | ||||||
19 | involved, using the following terms according to their | ||||||
20 | respective definitions: | ||||||
21 | (1) "None" means there is no apparent damage to the | ||||||
22 | vehicle. | ||||||
23 | (2) "Very minor" means the vehicle has sustained damage | ||||||
24 | of a cosmetic nature, but not including dents or missing | ||||||
25 | trim pieces. Examples: paint scratches; tire scuff marks; |
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1 | bumper rub marks. | ||||||
2 | (3) "Minor" means that (i) the vehicle has sustained | ||||||
3 | damage that may include dents but is repairable and (ii) | ||||||
4 | the damage does not include creased metal parts. Examples: | ||||||
5 | tire damage; a broken windshield or window; missing trim | ||||||
6 | pieces; small dents. | ||||||
7 | (4) "Moderate" means that (i) the vehicle has sustained | ||||||
8 | damage that includes dented or creased quarter panels, | ||||||
9 | broken or missing parts that can be either replaced or | ||||||
10 | repaired, or damage from an engine compartment fire and | ||||||
11 | (ii) the vehicle has not sustained damage to its frame or | ||||||
12 | unibody. | ||||||
13 | (5) "Severe" means the vehicle is not drivable but may | ||||||
14 | be salvaged. | ||||||
15 | (6) "Very severe" means the vehicle is not salvageable. | ||||||
16 | Example: extensive vehicle damage due to a collision, fire, | ||||||
17 | or roll over. | ||||||
18 | (7) "Unknown" means the extent of the damage is unknown | ||||||
19 | to the investigating officer. Examples: a vehicle repaired | ||||||
20 | prior to the police investigation; a vehicle returned to | ||||||
21 | the owner's or driver's home state after an accident; an | ||||||
22 | unidentified vehicle whose driver fled the accident scene.
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23 | (b) Every accident report required to be made in writing | ||||||
24 | must be made on
an appropriate form approved or provided by the | ||||||
25 | Administrator and must
contain all the information required | ||||||
26 | therein unless that information is not
available.
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1 | (c) Should special accident studies be required by the | ||||||
2 | Administrator,
the Administrator may provide the supplemental | ||||||
3 | forms for the special
studies.
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4 | (Source: P.A. 78-255.)
| ||||||
5 | (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
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6 | Sec. 11-412. Motor vehicle accident reports confidential.
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7 | (a) All required
written motor vehicle accident reports and | ||||||
8 | supplemental reports shall
be without prejudice to the | ||||||
9 | individual so reporting and shall be for the
confidential use | ||||||
10 | of the Department and the Secretary of State and, in the
case | ||||||
11 | of second division vehicles operated under certificate of | ||||||
12 | convenience
and necessity issued by the Illinois Commerce | ||||||
13 | Commission, of the Commission,
except that the Administrator or | ||||||
14 | the Secretary of State or the Commission may
disclose the | ||||||
15 | identity of a person involved in a motor vehicle accident
when | ||||||
16 | such identity is not otherwise known or when such person denies | ||||||
17 | his
presence at such motor vehicle accident and the Department | ||||||
18 | shall disclose
the identity of the insurance carrier, if any, | ||||||
19 | upon demand. The Secretary of
State may also disclose notations | ||||||
20 | of accident involvement maintained on
individual driving | ||||||
21 | records. The Department
may furnish copies of its written | ||||||
22 | accident reports to federal and State
agencies that are engaged | ||||||
23 | in highway safety research and studies. Reports
furnished to | ||||||
24 | any agency other than the Secretary of State or the Illinois
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25 | Commerce Commission may be used only for statistical or |
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1 | analytical purposes
and shall be held confidential by that | ||||||
2 | agency.
No such written report shall be used as evidence in any | ||||||
3 | trial, civil
or criminal, arising out of a motor vehicle | ||||||
4 | accident, except
that the Administrator shall furnish upon | ||||||
5 | demand of any person who has,
or claims to have, made such a | ||||||
6 | written report, or upon demand of any
court, a certificate | ||||||
7 | showing that a specified written accident report
has or has not | ||||||
8 | been made to the Administrator solely to prove a compliance
or | ||||||
9 | a failure to comply with the requirement that such a written | ||||||
10 | report
be made to the Administrator.
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11 | (b) The Department of Transportation at its discretion may | ||||||
12 | provide for
in-depth investigations of accidents involving | ||||||
13 | Department employees. A
written report describing the | ||||||
14 | preventability of such an accident may be
prepared to enhance | ||||||
15 | the safety of Department employees. Such reports and
any | ||||||
16 | opinions expressed in the review of the accident as to the
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17 | preventability of the accident shall be for the privileged use | ||||||
18 | of the
Department and held confidential and shall not be | ||||||
19 | obtainable or used in any
civil or criminal proceeding.
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20 | (c) The Department may supply vehicle-specific accident | ||||||
21 | data to any person or entity in bulk electronic form after | ||||||
22 | deleting all private information, including, but not limited, | ||||||
23 | to the following: | ||||||
24 | (1) the name, address, telephone number, social | ||||||
25 | security number, driver's license number, and date of birth | ||||||
26 | of the driver; |
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1 | (2) the vehicle's license plate number; | ||||||
2 | (3) the insurance policy number and company covering | ||||||
3 | the vehicle; | ||||||
4 | (4) the accident report number; and | ||||||
5 | (5) the identification number of the peace officer | ||||||
6 | investigating the accident. | ||||||
7 | The data supplied under this subsection (c) may be used | ||||||
8 | only for the purpose of preparing vehicle-specific history | ||||||
9 | reports. | ||||||
10 | (d) The person or entity must pay for all records obtained | ||||||
11 | in bulk electronic form. The Department may set a bulk rate for | ||||||
12 | access to the records in bulk electronic form. The bulk rate | ||||||
13 | must, at a minimum, cover all costs associated with compiling | ||||||
14 | and producing the accident records. The Department, however, | ||||||
15 | shall not agree to grant to any person or entity an exclusive | ||||||
16 | right to receive this information or data. | ||||||
17 | (e) Any person or entity that requests access to the | ||||||
18 | accident data in bulk electronic form shall: | ||||||
19 | (1) use the data only for the purpose of identifying | ||||||
20 | vehicles that have been damaged and not for the purpose of | ||||||
21 | identifying or contacting individuals or for the purpose of | ||||||
22 | setting insurance premiums; | ||||||
23 | (2) assume all responsibility for the accurate use and | ||||||
24 | portrayal of the accident data; | ||||||
25 | (3) not use the accident data in a manner that | ||||||
26 | compromises the integrity of the information regarding the |
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1 | accident; | ||||||
2 | (4) be liable for omissions or errors in the accident | ||||||
3 | data occurring as a result of actions by or on behalf of | ||||||
4 | the person or entity; | ||||||
5 | (5) promptly remove or correct the accident data upon | ||||||
6 | receiving notification that the accident data was created | ||||||
7 | in error or that certain data elements on an accident | ||||||
8 | record were entered in error; | ||||||
9 | (6) use the accident records only to the extent | ||||||
10 | permitted under the Driver's Privacy Protection Act of 1994 | ||||||
11 | and subsequent amendments; | ||||||
12 | (7) not sell the data to any third party, except as | ||||||
13 | part of individual vehicle history reports; | ||||||
14 | (8) in addition to being subject to other statutory or | ||||||
15 | common law remedies, refund the cost of the report if the | ||||||
16 | vehicle history report provided on a particular vehicle is | ||||||
17 | inaccurate or incomplete; | ||||||
18 | (9) not prohibit purchasers of the reports who reside | ||||||
19 | in Illinois from filing claims in State or federal court | ||||||
20 | against any person or entity; | ||||||
21 | (10) agree to be subject to the jurisdiction of the | ||||||
22 | courts of this State and to its laws and regulations; and | ||||||
23 | (11) provide a signed statement verifying that none of | ||||||
24 | the following persons or entities have been found, in | ||||||
25 | civil, criminal, or administrative proceedings, to have | ||||||
26 | committed violations of the federal Driver's Privacy |
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1 | Protection Act of 1994 and subsequent amendments or of the | ||||||
2 | Consumer Fraud and Deceptive Business Practices Act or a | ||||||
3 | similar Act of any other state: | ||||||
4 | (A) the person or entity; | ||||||
5 | (B) the entity's parent company; | ||||||
6 | (C) the officers and directors of and the | ||||||
7 | shareholders having a 10% or greater ownership | ||||||
8 | interest in the entity or the entity's parent company; | ||||||
9 | and | ||||||
10 | (D) the proprietor or any partner, member, | ||||||
11 | officer, director, trustee, manager, or other | ||||||
12 | principal of the entity or entity's parent company. | ||||||
13 | (f) Any person or entity that requests access to the | ||||||
14 | accident data in bulk electronic form shall, in addition to the | ||||||
15 | requirements of subsection (e), comply with any other | ||||||
16 | requirements the Department or this State may prescribe. | ||||||
17 | (g) The Department shall use the accident records to create | ||||||
18 | a vehicle history report database that identifies vehicles that | ||||||
19 | have been damaged in accidents. The Department shall make this | ||||||
20 | database searchable by vehicle identification number and | ||||||
21 | freely available on the Internet and shall remove all private | ||||||
22 | information as required in subsection (c). The Department may | ||||||
23 | not sell accident report data as permitted in subsection (c) | ||||||
24 | until this public database is available on the Internet. A | ||||||
25 | person or entity, other than this State, may not provide | ||||||
26 | vehicle history reports containing this data, unless the person |
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1 | or entity has purchased the data in bulk electronic form from | ||||||
2 | this State. | ||||||
3 | (h) The Department shall cease providing the accident data | ||||||
4 | to the person or entity if the Department concludes that the | ||||||
5 | person or entity has failed to use the accident data in the | ||||||
6 | manner prescribed by this Code. | ||||||
7 | (i) A seller or lessor of a vehicle shall not be held | ||||||
8 | liable for, and no cause of action may be brought in relation | ||||||
9 | to, the sale or lease of a vehicle damaged in a collision prior | ||||||
10 | to the sale or lease, if: | ||||||
11 | (1) the seller or lessor did not own the vehicle at the | ||||||
12 | time of the accident; | ||||||
13 | (2) the seller or lessor, at the time of sale or lease, | ||||||
14 | accessed a vehicle history damage report under subsection | ||||||
15 | (c) or (g) of this Section; and | ||||||
16 | (3) the vehicle history damage report did not contain | ||||||
17 | any information indicating that the vehicle was previously | ||||||
18 | damaged or involved in an accident. | ||||||
19 | (j) Any person or entity, including the Department, that | ||||||
20 | provides a vehicle history report to any person must, in | ||||||
21 | writing on the report, clearly and conspicuously disclose the | ||||||
22 | following: | ||||||
23 | (1) the exact date when that entity or person first | ||||||
24 | publicly made available the accident data; | ||||||
25 | (2) that any damage resulting from the accident may | ||||||
26 | have been repaired and that the vehicle's value may not be |
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1 | affected; and | ||||||
2 | (3) the date on which the person or entity accessed the | ||||||
3 | vehicle history report. | ||||||
4 | (k) Any seller of a vehicle history report must: | ||||||
5 | (1) disclose to purchasers (i) the names of the states | ||||||
6 | from which the person or entity purchases accident reports | ||||||
7 | and (ii) the estimated percentage of total accidents that | ||||||
8 | occur in this State that are actually recorded in accident | ||||||
9 | reports; | ||||||
10 | (2) disclose to purchasers the sources of the | ||||||
11 | information contained in the vehicle history report; | ||||||
12 | (3) permit owners or former owners of vehicles whose | ||||||
13 | vehicles appear on the seller's database to provide repair | ||||||
14 | history information; | ||||||
15 | (4) provide a toll-free telephone number with a live | ||||||
16 | operator and a website to allow owners of vehicles to | ||||||
17 | provide additional information or corrections to vehicle | ||||||
18 | history reports; and | ||||||
19 | (5) update any vehicle history report within 48 hours | ||||||
20 | of receiving additional information with regard to the | ||||||
21 | vehicle that is the subject of the report. | ||||||
22 | (l) A violation of this Section by a person or entity that | ||||||
23 | obtains access to the accident data in bulk electronic form | ||||||
24 | constitutes an unlawful practice under the Consumer Fraud and | ||||||
25 | Deceptive Business Practices Act and is subject to civil | ||||||
26 | penalties under that Act, in addition to any other penalties. |
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1 | (m) A person or entity may not use the accident data to set | ||||||
2 | the insurance premium for any customer whose vehicle is the | ||||||
3 | subject of a vehicle history report.
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4 | (Source: P.A. 89-503, eff. 7-1-96.)
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5 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
6 | Practices Act is amended by changing Section 2Z as follows:
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7 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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8 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
9 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
10 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
11 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
12 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
13 | Act,
the Job Referral and Job Listing Services Consumer | ||||||
14 | Protection Act,
the Travel Promotion Consumer Protection Act,
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15 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
16 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
17 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
18 | Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | ||||||
19 | Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | ||||||
20 | Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | ||||||
21 | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | ||||||
22 | Act, the Payday Loan Reform Act, subsection
(a) or (b) of | ||||||
23 | Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | ||||||
24 | Act, paragraph (6)
of
subsection (k) of Section 6-305 of the |
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1 | Illinois Vehicle Code, Section 11-412 of the Illinois Vehicle | ||||||
2 | Code as provided in subsection (i) of that Section, Article 3 | ||||||
3 | of the Residential Real Property Disclosure Act, the Automatic | ||||||
4 | Contract Renewal Act, or the Personal Information Protection | ||||||
5 | Act commits an unlawful practice within the meaning of this | ||||||
6 | Act.
| ||||||
7 | (Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, | ||||||
8 | eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, | ||||||
9 | eff. 1-1-06; 94-822, eff. 1-1-07.)
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10 | Section 97. Inseverability; invalidity. The changes made | ||||||
11 | to existing statutory law by this Act are mutually dependent | ||||||
12 | and inseverable. If any change made to existing statutory law | ||||||
13 | by this Act is held invalid, then all changes made to existing | ||||||
14 | statutory law by this Act are invalid in their entirety.
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15 | If this Act is held invalid, any person or entity that | ||||||
16 | previously obtained access to accident data in bulk electronic | ||||||
17 | form under this Act shall promptly destroy the data and shall | ||||||
18 | discontinue using the data in vehicle history reports.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
|